HomeMy WebLinkAbout20032957.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by John Folsom, amending Development Standard #16, 18, 24 & 7, that the following resolution be
introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
CASE NUMBER: USR-1433
APPLICANT: Leslie Windyka
PLANNER: Michelle Katyryniuk
LEGAL DESCRIPTION: Lot A of RE-2174; part N2 SE4 of Section 20, T5N, R64W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a Kennel,
Junkyard, and a Use Permitted as a Use by Right, an Accessory Use, or a
Use by Special Review in the Commercial or Industrial zone districts,
(Vehicle Service/Repair) in the A(Agricultural)Zone District.
LOCATION: North of and adjacent to CR 54 1/4 and west of Davis Road.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-260 of the Weld County Code as follows:
A. Section 23-2-260.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-60 (A.Goal 1) states,
"Conserve agricultural land for agricultural purposes which fosters the economic health and
continuance of agriculture." The property is designate as Not Prime Irrigated Land according
to the USDA Soil Conservation Services of Weld County Map dated in 1979. The proposed
uses will only be on 1 acre.
B. Section 23-2-260.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Currently the property is in violation (VI-0200172)for operating a kennel and
auto repair shop without a Use by Special Review (USR). Upon approval of the USR the
violation will be closed. Sections 23-3-40.H, 23-3-40.G and 23-3-40.R of the Weld County
Code provides for a Kennel, Commercial Junkyard, and a use permitted as a use by right,
an accessory use, or a use by special review in the commercial or industrial zone districts,
(Vehicle Service/ Repair)as a Use by Special Review in the A (Agricultural)Zone District.
C. Section 23-2-260.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The surrounding property to the north is currently agricultural, but
according to the Town of Kersey there are plans for it to be developed as residential housing.
The Latham Ditch and the Union Pacific Railroad which separates the property in question
and proposed residential development along with proposed screening shall mitigate the
impacts to the new development. The conditions of approval shall ensure that the storage
for the commercial junkyard, vehicles and animals are in structures or screened from the
residences to the east, west and south of the property
D. Section 23-2-260.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The subject property lies within the Intergovernmental Agreement Area(IGA)
of Kersey. Kersey stated in their referral received August 7, 2003 because the application
was so vague they are requesting maximum number of animals allowed by species and the
maximum number of vehicles that can be stored on the premises at any one time. They are
also requesting that all building regulations be enforced.The Town of Kersey co' • i i-v
been addressed in the Development Standards and Conditions of Approval. EXHIBIT
2003-2957
Resolution USR-1433
Leslie Windyka
Page 2
E. Section 23-2-260.A.5—The site does not lie within any Overlay Districts. Building Permits
issued on the Lot will be required to adhere to the fee structure of County Wide Road Impact
Program area 4 (Ordiance 2002-11), if required.
F. Section 23-2-260.A.6--The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The subject site is
designated Not Prime Irrigated Land by the USDA Soil Conservation Services. The small
size of the lot (1 acre) substantially limits its agricultural value.
G. Section 23-2-260.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be labeled USR-1433. (Department of Planning Services)
B. The plat shall be amended to delineate the following: •
1) The attached Development Standards. (Department of Planning Services)
2) County Road 54 1/4 is designated on the Road Capital Improvement Plan in the
County Wide Impact Fee Code Ordinance, Section 20-1-30 as a collector road,
which requires 80 feet of right-of-way at full build out. There is presently 60 feet of
right-of-way. A total of 30 feet from the centerline of County Road 54 1/4 shall be
delineated right-of-way on the plat. This road is maintained by Weld County.
(Department of Public Works)
3) The applicant should reserve an additional ten feet of property parallel to County
Road 54 1/4 right-of-way for future build out. (Department of Public Works)
C. The septic system serving the residence shall be reviewed by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current regulations.
Evidence of the Department of Public Health and Environment approval shall be submitted
to the Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall provide written evidence to the Weld County Department of Public Health
and Environment and the Department of Planning Services that the applicant has contacted
the Colorado Department of Agriculture (CDA), Division of Animal Industry. This contact
shall determine if a license under the Pet Animal Care Facilities Act (PACFA), as defined
under C.R.S.35-80-101 through 117.C.R.S. is required,or provide written evidence that the
applicant is not subject to the PACFA requirements. (Department of Public Health and
Environment)
E. The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of the Department of Public Health and Environment approval shall be submitted to the
Department of Planning Services. The plan shall include as a minimum, the following:
Resolution USR-1433
Leslie Windyka
Page 3
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and
Environment)
F. The West Greeley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (West Greeley Soil Conservation District)
G. All structures used for housing dogs or servicing/repairing of vehicles shall be reviewed by
the Department of Building Inspection to determine if building permits are required. Written
evidence from the Department of Building Inspection indicating all Building Inspection
requirements have been completed shall be submitted to the Department of Planning
Services. (Department of Building Inspection)
H. Trash containers and tires shall comply with Section 23-3-250.A.6 of the Weld County Code.
(Department of Planning Services)
The applicant shall submit written/graphic evidence to the Department of Planning Services
that the screening around the storage areas for the Commercial Junkyard have been
repaired. (Department of Planning Services)
J. The applicant shall submit evidence to the Department of Planning Services that the
screening has been placed on all sides but the North side of the dog run. (Department of
Planning Services).
K. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1.above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval.The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder b y Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty (30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
r
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Leslie Windyka
USR-1433
1. A Site Specific Development Plan and Special Review Permit for a Kennel not to exceed 25 adult
dogs six(6)months and older and 2 cats, Commercial Junkyard, and A Use Permitted as a Use by
Right,an Accessory Use,and a Use by Special Review in the Commercial or Industrial zone districts,
(Vehicle Service/Repair)in the A(Agricultural)Zone District,as indicated in the application materials
on file and subject to the Development Standards stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5,C.R.S.)shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. (Department of Public Health and
Environment)
6. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
District as delineated in 25-12-103, C.R.S., as amended. (Department of Public Health and
Environment)
7. Adequate handwashing and toilet facilities shall be provided for employees and invited guests of the
facility. (Department of Public Health and Environment)
8. The facility shall utilize the existing public water supply from Central Weld County Water District.
(Department of Public Health and Environment)
9. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
10. Any vehicle washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality
Control Commission, and the Environmental Protection Agency. (Department of Public Health and
Environment)
11. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that
vermin infestation, odors, disease hazards, and nuisances are minimized. Such wastes shall be
removed at least weekly from the facility and disposed by a commercial hauler. (Department of Public
Health and Environment)
12. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
13. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
14. All lighting on site must comply with Section 23-2-250.D1 of the Weld County Code as follows:
Sources of light, including light from high-temperature processes such as combustion or welding,
shall be shielded so that light rays will not shine directly onto adjacent properties where such would
cause a nuisance or interfere with the use on the adjacent properties. (Department of Planning
Services)
Resolution USR-1433
Leslie Windyka
Page 2
15. Twentyfive(25)is the maximum number of adult dogs allowed on the site at any one time. Dogs over
the age of six (6) months are counted in the maximum number of adult dogs in accordance with
Section 23-1-90 of the Weld County Code. (Department of Planning Services)
16. The storage area for the Commercial Junkyard will be limited to three distinct areas within the
property with a limit of six vehicles to be stored outside (which are defined on the plat):
1)The 20'x 60'area north of and adjacent to the three car garage.
2)The 20'x 40'concrete pad east of and adjacent to the animal building.
3) 1500 square foot three car garage (Department of Planning Services)
17. The vehicle service / repair will be limited to one area within the property (which is defined on the
plat):
1) 1500 square foot three car garage (Department of Planning Services)
18. Approved screening shall be maintained around the 20'x 60'area north of and adjacent to the three
car garage, the 20' x 40'concrete pad east of and adjacent to the animal building and the dog run
at all times. (Department of Planning Services)
19. Screening along the north side of the dog run shall occur when residential development transpires
north of Union Pacific Railroad and Latham Ditch. (Department of Planning Services)
20. Hours of operation for the commercial junkyard and vehicle service/repair will be limited to Monday-
Friday 8:00 am -6:00 pm and Saturday and Sunday 10:00 am - 5:00 pm. (Department of Planning
Services)
21. Dogs shall be kept indoors from sunset to sunrise, or in a location that limits the noise from barking
dogs to carry beyond the property boundaries. (Department of Planning Services)
22. The number of employees for the kennel, commercial junkyard and vehicle service/repair shall be
limited to two (2). (Department of Planning Services)
23. Future changes in use of any building will require a review from the Department of Planning Services
and Department of Building Inspection. (Department of Planning Services)
24. In accordance with Section 23-3-250.B.7 of the Weld County Code"Property shall be maintained in
such a manner that native grasses and weeds are not permitted to grow taller than twelve(12)inches.
In no event shall the property owners allow the growth of noxious weeds." (Department of Planning
Services)
25. Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program, if required. (Ordinance 2002-11) (Department
of Planning Services)
26. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening
protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of
mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback
and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of
Building Inspection)
27. Buildings shall conform to the requirements of the 1997 Uniform Building Code, 1998 International
Mechanical Code, 1997 International Plumbing Code,2002 National Electrical Code and Chapter 29
of the Weld County Code. (Department of Building Inspection)
28. The applicant shall utilize the existing access drive to County Road 54 1/4. (Department of Public
Works)
Resolution USR-1433
Leslie Windyka
Page 3
29. The off-street parking spaces including the access drive shall be surfaces with gravel, asphalt,
concrete or equivalent, and shall be graded to prevent drainage problems. (Department of Public
Works)
30. The historical flow patterns and run-off amounts will be maintained on site in such a manner that will
reasonably preserve natural character of the area and prevent property damage of the type generally
attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned ponding
of storm run-off. (Department of Public Works)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
33. Personnel from the Weld County Government shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property comply with the
Development Standards stated herein and all applicable Weld County regulations.
34. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
35. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Bryant Gimlin
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
John Hutson
Bryant Gimlin
Stephen Mokray
Bruce Fitzgerald
James Rohn
Tim Tracy
Doug Ochsner
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Voneen Macklin,Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on October 7, 2003.
Dated the 7th of October, 2003.
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Voneen Macklin
Secretary
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